Eric Levenstein

• Insolvency, Business Rescue & Restructuring

Advised / Represented / Acted on behalf of:

• Comair Limited, its business rescue practitioners and its liquidators, in its business rescue and liquidation proceedings and involving the recognition of Comair's insolvency proceedings in the US Bankruptcy Court, New York
• DewCrisp in the urgent application to court in terms of section 131 of the Companies Act and the drafting of the business rescue plan.  This deal was shortlisted by DealMakers for Business Rescue Transaction of the Year (2023)
• the shareholder (and creditor) of Gov Chat (Pty) Ltd in its business rescue proceedings
• the provisional liquidators of the South African Post Office in its liquidation proceedings
• the business rescue practitioners of Piotrans t/a Rea Vaya, a bus rapid transit system operating in Johannesburg, South Africa
• a large group of foreign creditors (noteholders) in the business rescue proceedings of Southgold Exploration (Pty) Limited
• a consortium of international lenders (UK) in connection with finance and restructuring advice of Lonmin (mining) and Edcon (retail)
• the business rescue practitioners of Optimum Coal Mine, Andalusite Mine and Black Chrome Mine (Mining)
• the administrators of Nortel Networks (UK) (multi-national telecommunications) in a liquidation matter in respect of its South African subsidiary
• the foreign trustees of SunEdison Inc in respect of the local wind-down of their South African subsidiaries 
• Nedbank, a major creditor of Stuttafords (retail) in the course of its business rescue proceedings 
• the directors and shareholders of South African Calcium Carbide in respect of its business rescue proceedings
• Standard Bank in respect of its exposure to CMC Ravenna (Italian)
• South African Airways and Mango Airlines SOC Ltd in Mango's business rescue proceedings
• a major foreign conglomerate in the IT industry in respect of major litigation in the South African Court
• Nedbank, Standard Bank, Sasfin Bank, Investec Bank and Absa Bank in respect of the recovery of corporate debt exposure in various financially distressed companies
• the business rescue practitioners of Basil Read, Group Five, and Consolidated Infrastructure Group (construction)
• directors, shareholders, creditors, business rescue practitioners and liquidators on their rights in business rescue and insolvency proceedings including cross-border issues
• foreign and local clients in respect of the effect that relevant legislation will have on securities held by such clients in various companies filing for business rescue and insolvency proceedings
• various shareholders and directors in respect of disputes involving corporate governance and liability issues
• numerous clients as to the impact of the insolvent trading provisions of the Companies Act on the personal liability of directors
   

• LLD – Doctorate of Laws (Business Rescue), University of Pretoria, 2016
• Diploma in Insolvency Law, University of Johannesburg, 1997
• Higher Diploma in Tax, University of the Witwatersrand, 1993
• Higher Diploma in Company Law, University of the Witwatersrand, 1991
• LLB, University of the Witwatersrand, 1986
• BCom, University of KwaZulu-Natal, 1984

• Appointed Chairman of The South African Restructuring and Insolvency Practitioners Association (SARIPA) in January 2019
• Appointed Board Member of INSOL International (a worldwide group of Insolvency Practitioners (INSOL)) from 2018 to 2023
• Appointed Chairman of the INSOL Insolvency Practitioners Group in 2021. The committee is made up of a working group of international lawyers, accountants and insolvency practitioners with a focus on cutting edge issues involving insolvency, rescue, and liquidation
• Appointed Co-Chair of INSOL's African Advisory Council in 2022 
• Recognised in international rating publications as a:
  • Ranked lawyer (Band 1) by Chambers Global | 2017- 2024 | Restructuring / Insolvency  - 8 years ranked
  • Thought Leader Africa by Who's Who Legal | 2023 | Asset Recovery
  • Ranked as a leading lawyer by Who's Who Legal | 2014, 2016 – 2020, 2023, 2024 | Restructuring & Insolvency 
  • Ranked by Best Lawyers | 2023 | Insolvency and Reorganisation Law
  • Ranked as a highly commended lawyer by The Legal 500 | 2012 – 2017 | Dispute Resolution (Business Rescue) 
  • Ranked as a recommended lawyer by PLC Which Lawyer | 2013 | Restructuring and Insolvency 
• Has given numerous presentations on insolvency, business rescue, and director's liability
• A regular contributor to the media on the effect of business rescue on companies and creditors, insolvency, and director's liability
• Contributor to the German Münchener Kommentar on South African Insolvency Law – EuInsVO 2015

Authorship

• Author of South African Business Rescue Procedure (published in October 2017 by Lexis Nexis) and updates